HD Aire, LLC

LIMITED WARRANTY

TOYRACK CHASSIS ASSEMBLY, PLATFORMS, DECKS

HD Aire, LLC warrants, from the date of delivery to Distributor or the original Purchaser, that the Lift All and Toy Rack chassis assembly, platform or deck purchased will be free from defects in material or workmanship for a period not to exceed six (6) months.

NO-CHARGE ADJUSTMENT

Lift All and Toy Rack chassis that become unusable or unserviceable due to defects in workmanship or materials of the chassis within the first six (6) months from date of delivery to Distributor or original Purchaser will be replaced with a comparable installation without charge.

NOT COVERED BY THIS WARRANTY

The following occurrences and conditions are not covered by this Limited Warranty:

• Tires, water damage, abuse or damage resulting from an Act of God, such as a flood
• Wreck, collision, fire, tipping or other automobile accident
• Overloading, misapplication, misuse or negligence
• Alterations or modifications not previously approved in writing by HD Aire, LLC
• Exposure to chemicals and corrosive or other caustic materials
• Faulty, insufficient installation of Lift All and Toy Rack chassis in truck bed
• Shock, burn, fire or other electrical harm

The Purchaser shall incure all costs in shipping any and all items back to HD Aire, LCC for repair, modification or refund.

HD Aire, LLC makes no other warranty or representation of any kind whatsoever, expressed or implied, except that of title, and all other warranties, expressed or implied, including implied warranties of merchantability and fitness for a particular purpose are hereby disclaimed.

Correction by HD Aire, LLC of nonconformities, whether patent or latent, in the manner and period of time above stated, shall constitute fulfillment of all liabilities of HD Aire, LLC for such nonconformities, whether based on contract, warranty, negligence, indemnity, strict liability or otherwise, but shall not constitute admission of liability or nonconformity.

The Purchaser shall not use a Lift All and Toy Rack installation or accessories which are considered to be defective without first notifying HD Aire, LLC in writing of intentions to do so. Any such use will be at the Purchaser’s sole risk and liability.

LIMITATIONS OF LIABILITY

THE REMEDIES OF THE USER SET FORTH UNDER THE PROVISIONS OF WARRANTY OUTLINED ABOVE ARE EXCLUSIVE, AND THE TOTAL LIABILITY OF TOYRAK LLC WITH RESPECT TO THIS SALE OR THE PRODUCT AND SERVICE FURNISHED HEREUNDER IN CONNECTION WITH THE PERFORMANCE OR BREACH THEREOF, OR FROM INSTALLATION, REPAIR OR TECHNICAL DIRECTION COVERED BY OR FURNISHED UNDER THIS SALE, WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT UPON WHICH SUCH LIABILITY IS BASED.

HD AIRE, LLC SHOULD IN NO EVENT BE LIABLE TO THE USER, ANY SUCCESSORS IN INTEREST OR ANY BENEFICIARY OR ASSIGNEE RELATING TO THIS SALE OR BY ANY BREACH THEREOF, OR ANY DEFECT IN, OR FAILURE OF, OR MALFUNCTION OF THE PRODUCT UNDER THIS SALE, WHETHER BASED UPON LOSS OF USE, LOST PROFITS OR REVENUE, INTEREST, LOST GOODWILL, NON-OPERATION, INCREASED EXPENSES OF OPERATION OR CLAIMS OF USER FOR UTILIZATION INTERRUPTION, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISE.